Agreement Regarding Terms and Conditions of Use
Updated August 2, 2004
Kaleshwara Vaastu Consultations LLC/kaleshwaravaastu.com is a web site and online information and communications service (the “Service”) provided by Kaleshwara Vaastu Consultations LLC. The Service may include content from other sources. Use of the Service is governed by this Agreement Regarding Terms and Conditions of Use (this “Agreement”). Please read this Agreement carefully before accessing or using the Service. Throughout this Agreement, Kaleshwara Vaastu Consultations LLC/kaleshwaravaastu.com is referred to as “we” or “us.”
General Terms and Conditions
Your access and use of the Service binds you to this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use the Service. You accept all of the terms and conditions of this Agreement by any further use of the Service.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions of this Agreement as posted on the Service at the time of your access or use. You agree to review this Agreement as posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE PHRASE “AS IS” MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SERVICE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE USER’S SOLE RISK.
The Service is for consumer educational use only. Nothing contained in the Service is or should be considered, or used as a substitute for, a thorough Vaastu consultation. The Service is provided solely to educate consumers about Vaastu issues that may affect their daily lives. The Service does not constitute a Vaastu consultation, advice or recommendation.
Because of the designated purpose of the Service you agree that the Service does not constitute a service that targets any one community, user group, business or industry. Because the Service is designed for educational purposes, you also agree that it does not constitute “doing business” in any specific jurisdiction or soliciting business for us or any of our affiliated companies or subsidiaries or establishing “minimum contacts” with any jurisdiction outside of the State of Washington.
We advise users to always seek the advice of a certified Kaleshwara Vaastu consultant with any questions regarding specific situations. Do not disregard, avoid or delay in obtaining advice from a certified Kaleshwara Vaastu consultant because of information provided through the Service.
We do not operate, control, supply, endorse, warrant or guarantee any information, product, service or merchandise that is not clearly identified as information, product, service or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of the Service are responsible for maintaining a means external to the Service for the reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
In using the Service, users may create a personal profile account. Users agree to maintain the security of all user identification, password and other confidential information relating to the use of the Service and their personal profile account.
Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
Users will not use the Service for any purpose in violation of local, state, national or international laws.
Users will not use the Service as a means to distribute advertising or other unsolicited material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
Users will not impersonate another person or create any false personal profile account information or record on the Service for themselves or others.
Users will not hold us, or any of our affiliates or subsidiary companies or organizations liable for damages including, but not limited to loss of wages, revenue or business because of any content related to or provided by or through the Service. The sole and exclusive remedy for dissatisfaction with the Service will be to stop using the Service.
Users will indemnify us and any of our affiliates or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition of the Service.
Users agree to comply with all user responsibilities and obligations as stated in this Agreement
All users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to this Agreement and to use the Service in accordance with this Agreement.
You agree that this Agreement is entered into between you and us in the State of Washington, United States of America, and is performed within the State of Washington and governed by and shall be construed in all respects under the laws of the State of Washington, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the Superior Court sitting in Clark County, Washington, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the Western District of Washington, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the Service. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service that is inconsistent with or conflicts with the terms of this Agreement is superseded by this Agreement.
Termination of Services
If you violate this Agreement, your right to use the Service will terminate. We may notify you that you have breached this Agreement and that your personal profile account and access to the Service are being terminated. We may, in our sole discretion, terminate your access to the Service, or any portion thereof, or discontinue providing the Service, or any portion thereof. These actions are in addition to and not in lieu of or a limitation of any other right or remedy which we may be entitled to by law. Further, we will not be liable to you or any third party for any such termination or discontinuance.
Trademarks and Copyright
We have the exclusive right to use the trademarks and service marks “kaleshwaravaastu.com” and “Kaleshwara Vaastu Consultations LLC”.
The materials on the Service are copyrighted by us and other applicable rights holders. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of all other applicable rights holders.
Collection of Personal Information
We collect personal information that you may choose to share with us in accessing and using the Service. This information may include your e-mail address, your interests and your answers to questions about various issues related to the Service. We use this information to customize the Service to the data you enter. Information from your registration with the Service may be saved in our database. This may enable you to use personalized features of the Service on a recurring basis. This saved information is collected only with your permission and may be updated or deleted by you at any time. If you choose to not provide the information required for registration, you may not register with the Service and you will not be able to personalize the Service.
We do not guarantee continuous, uninterrupted or secure access to the Service. The operation of any web site related to the Service may be interfered with by numerous factors outside of our control.
You agree that this Agreement and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of this Agreement does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us and any user with respect to the Service, its uses and services.
If you have any questions about the Service, please contact us at: info at kaleshwaravaastu.com